Sue Scheff: Facebook or Casebook?

Source: Toronto Sun

More like Casebook

Social networking sites can sometimes make or break a case in court
By VIVIAN SONG, NATIONAL BUREAU


Be careful what you post on Facebook or MySpace, because anything you say or upload can and will be used against you in a court of law.

Last year, for example, an Ottawa court heard that a civil servant had started a clandestine affair with an old friend she reconnected with through Facebook during a messy custody battle involving three kids.

In a Vancouver courtroom last month, defendants in a personal injury case produced photos from the plaintiff's Facebook profile showing that while Myla Bagasbas was seeking $40,000 in damages for pain, suffering and loss of enjoyment after a car accident, she was still able to kayak, hike and bike post-accident.

"Facebook will be seen as a gold mine for evidence in court cases," said Ian Kerr, Canada Research Chair in ethics, law and technology at the University of Ottawa.

But it will also challenge the courts to further define the notion of personal privacy. In a precedent-setting case this year, a Toronto judge ordered that a man suing for physical injury in a car accident be cross-examined on the contents of his private Facebook profile. Justice David Brown of the Ontario Superior Court of Justice overturned a previous court decision that called the defendant's request to look for incriminating evidence a "fishing expedition."

The very nature of Facebook is to share personal information with others, Brown wrote, and is likely to contain relevant information about how the plaintiff, John Leduc, had led his life since the accident. But if Leduc's profile is private with restricted access, is that considered an invasion of privacy?

"The courts sometimes don't get it," Kerr said. "The tendency in judicial opinion and popular thinking is that once something is out in the public, there's no such thing as privacy anymore. But that can't be right because we all have curtains."

For Facebook users, those curtains are our privacy settings. If our home is our castle, Facebook should also be considered a walled domain, Kerr said.

For example, while a member may post pictures from a beer bash the night before, that doesn't mean they would take the same pictures to show off to their boss the next day, Kerr explained.

Likewise, in Murphy versus Perger, a judge ordered that the plaintiff, who was suing for claims of personal injury and loss of enjoyment of life after a car accident, produce copies of her Facebook pages showing photos of her engaging in social activities. In her judgment, Ontario Superior Court Justice Helen Rady wrote "The plaintiff could not have a serious expectation of privacy given that 366 people have been granted access to the private site."

But having 366 Facebook friends doesn't entitle the rest of the world to view personal information meant only for certain eyes, said Avner Levin, director of the Privacy Institute at Toronto's Ryerson University.

"It's not how many people you share it with, it's who you choose to share the information with," Levin said. "The judge is missing the point. What's important is not how many people are your friends, but who you choose to know you."

While we're able to compartmentalize and separate people in our lives offline by assigning titles to different spheres -- co-workers, neighbours, family -- the online world fails to recognize those distinctions, he added.

It's a habit that spills over in the job hunt as well. Employers admit they rely heavily on information they glean about a candidate from Google searches and networking profile pages. But it's an unfair screening process, Levin said, and attaches more value to people's online identities -- and sometimes third-party information -- than the candidate they meet in real life.

"We need to suppress that tendency to go on Google and look people up. There's already a process of hiring that works for them and has been working for years," Levin said.

While we're more likely to trust a direct source and treat gossip with skepticism in the offline world, the same can't be said of online information.

Pruning online identities and putting a person's best cyber-foot forward are services offered by companies such as DefendMyName, a personal PR service which posts positive information about a client and pushes down negative links in Google. ReputationDefender also destroys libelous, private or outdated content.

"A resume is no longer what you send to your employer," said ReputationDefender CEO Michael Fertik. "More people look at Google as a resume."

But instead of authenticating information found online, people are trusting secondary material and treating Google like God.

"What happens is in a court of law, you have to prove something beyond a reasonable doubt. On the Internet though, many decisions are based on lower standards," Fertik said.

But is sanitizing a person's online reputation of unflattering content an infringement of freedom of speech and freedom of expression?

"Only if you believe Google is the best and most accurate source of information," Fertik said. "But I don't think Google is God. I believe Google is a machine."

vivian.song@sunmedia.ca

Sue Scheff: Michael Fertik - Specialist in Online Defamation

Read entire article here: http://abcnews.go.com/Technology/AheadoftheCurve/Story?id=6960397&page=1

The Law as an Accomplice

Legal experts, however, emphasized that the law protects Web sites like Topix. Even if the comments are considered defamatory by a court of law, Topix has no legal obligation to take the content down.

Defenders of the legal landscape argue that a change could stifle open discussion and free speech. But others maintain that in stories like this, regardless of who emerges, once the veil of anonymity is lifted, it is the law itself that is a co-conspirator."The law as it currently stands is an accomplice because it creates no incentive whatsoever for Web sites to review or police themselves from content that is potentially devastating to real people and real lives," Michael Fertik, a lawyer who specializes in online defamation, told ABCNews.com.

Part of the problem, Fertik continued, is that laws that made sense at the birth of the Internet age have not matured. It takes years to redress online defamation problems under the present regime. But, in the meantime, libelous comments easily found through search engines can sideline both personal and professional lives.

Although privacy and free speech advocates worry that changes to the law could "chill" online speech, Fertik argued that "the law can easily catch up without destroying speech."But until then?

"The law provides the red dye for the scarlet letter," Fertik said. "It provides the ink for the tattoo that people create on Web sites like this."

Bullying and Cyber-Bullying Prohibited under Florida Law

Source: Internet Business Law Services

Bullying and, in particular, cyber-bullying is becoming a frequent practice among the American youth. Incidents are reaching such daunting results that state legislatures are rapidly adopting measures. For instance, Florida Legislature adopted an anti-bullying, including cyber-bullying, law on April 2008. The law is called "Jeffrey Johnston Stand Up for All Students Act" (Fla. Stat. section 1006.147), named after Jeffrey Johnston, a 15-year-old boy who committed suicide after being the object of bullying, including Internet bullying, for two years. This new Florida law prohibits bullying and harassment of any public K-12 student or employee, and requires public schools to adopt measures to protect students and employees from the physical and psychological effects of bullying and harassment.


The Florida Senate, quoting to a report by SafeYouth.org, stated that "bullying behavior can involve direct attacks, such as hitting, threatening or intimidating, maliciously teasing or taunting, name-calling, making sexual remarks, and stealing or damaging belongings, or more subtle, indirect attacks such as spreading rumors or encouraging others to reject or exclude someone." It also stated that bullies are four times more likely than non-bullies to be convicted of a crime by age 24, with 60% of bullies having at least one criminal conviction.

Thus, this Florida law is considered a safety measure for schools and the Florida community. Section 1006.147, titled "Bullying and Harassment Prohibited," proscribes bullying and harassment in Florida's K-12 public educational institutions; in any educational program or activity conducted by an educational institution; or through the use of data or software accessed by a computer, computer system, or computer network of a K-12 public educational institution. Hence, using the school e-mail network, even while at home, to bully or harass other students is prohibited by this Florida law. The law expressly defines "bullying" as the act of systematically or chronologically inflicting physical harm or emotional distress on a student. The law also provides examples of conducts that may result in bullying:

1. Teasing;
2. Social exclusion;
3. Threat;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual or racial harassment;
9. Public humiliation; or
10. Destruction of property.

Harassment is defined as any verbal, written, or physical conduct that threatens, insults, or dehumanizes public school students or employees. Written harassment includes those committed through electronic means and the use of computer software. The conduct must be sufficient to place the student or employee in reasonable fear of harm against him or his property; and sufficient to interfere with the student"s school performance, opportunities, or benefits. The Florida anti-bullying law also penalizes those who induce or coerce others to bully or harass public school students or employees. Students, parents, volunteers, or employees that promptly and in good faith report bullying acts will be exempted from civil cause of actions against them.

The Florida anti-bullying law also mandates each school district to adopt a code of conduct against bullying and harassment by December 1, 2008. This code of conduct must protect all students regardless of their status under the law but the school districts are authorized to create student categories when drafting their school policies. In any event, the code of conduct must include a general prohibition of bullying and harassment; a definition of these terms; an expected student conduct and behavior; description of the consequences of falsely and wrongfully accusing others of bullying and harassment; the procedures for reporting bullying and harassment incidents, including anonymous reports; a procedure for the prompt investigation of these acts; a procedure to determine whether the acts are within the district school system; a procedure to notify parents and criminal authorities; a procedure to refer victims to counseling; among others.

The Florida Department of Education affords an additional protection for victims of bullying and harassment by, first, monitoring district school activities, including transportation, through permanent collection of data (24 hours a day, 7 days a week); and second, enhancing the School Environmental Safety Incident Reporting System (SESIR). This program allows district schools to report bullying activities and conducts an annual database management workshop.

The Florida anti-bullying and harassment law is definitely well received and the first intent to control youth behavior, including Internet behavior. Yet, questions arise as to the consequences incurred when violating this law. It is not clear under the text of this law whether its violation merely includes school disciplinary actions or whether subsequent criminal actions will be sought. This is an important question whose answer is yet to come.

Law and sociology have been close partners for centuries; another important question is where are the parents parenting? A sociological answer to this question might take us to the genesis of most bullying and harassment problems which is essential for state legislatures and school officials.

Sue Scheff Podcast Website on E-Venge is Updated!

Visit http://www.suescheffpodcasts.com/ for the newly added Rachael Ray Show! The hot topic of Cyber Slander and Online Harassment was discussed. My victory of over $11.M jury verdict for damages proves that free speech will not condone Internet Defamation.

Sue Scheff: Internet Defamation, Slander, Invasion of Privacy

Since winning my unprecedented case against Internet Defamation, many people contact me looking for lawyers that specialize in Internet Law.

David Pollack, Miami, FL - was my attorney that won the $11.3M jury verdict for damages. Visit his website at www.davidpollacklaw.com

John Dozier, Washington D.C. and offices in NY and CA- specializes in Internet Law and more. Visit his comprehensive website at www.cybertriallawyer.com

Internet Law is a growing area - and more and more lawyers are learning more about this. Thanks to the new Cyberbullying laws, this can help more plaintiffs take a strong stand against being harassed online without infringing on their first amendment.

If you don't need a lawyer, I continue to recommend ReputationDefender as an alternative or in combination with a lawyer.

Sue Scheff: Five Ways to Defend Yourself Online

True or false, the information people find about you on the Web can have a big impact on your life. Here are five techniques to make sure that what people read about you is good (or at least true).

Click Here for the full article.

Defending yourself online has became a serious concern for many people. The lack of regulations in Cyberspace means you have to learn to maintain your own Google Image.As both a victim and survivor of Internet Defamation, I know first hand the toll this can take on a person and their family. I fought back and won an unprecedented jury verdict for damages of $11.3M.

Free Speech does not condone defamation!

Sue Scheff: Internet Safety - The Internet Generation

Today’s kids have grown up online. Finding their way around the Internet and posting on social networking sites like MySpace and Facebook is part of their every day life. But in this online world … What are they saying? Who are they “talking” to? How can we keep our kids safe from danger – both emotional and physical?

Did you know that 70 percent of teens on the Internet have accidentally found pornography on the web; 60 percent have been contacted online by a stranger; another 60 percent have been victims of online bullying; and 45 percent have posted personal information?

The Internet Generation tells of online experiences and stories your kids may not be telling you about this 24/7 cyber- world. You’ll hear insights on setting specific rules, keeping track of kids’ online visits, and talking with them – armed with hard facts and real-life examples – about the very real threats out there.

When it comes to Internet know-how, can parents ever catch up with their kids? Yes. Watch The Internet Generation and start the conversation with your children about what’s on the Internet – the good and the bad. The Internet is here to stay, and it’s our responsibility to keep kids safe, especially when they’re online.

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Reputation Defender MyChild is a great place for parents to start for cyber safety for their kids.

Sue Scheff's New Podcast Page on Internet Abuse

Check out my new Podcasts on Internet Defamation, Internet Gossip, Internet Slander and Cyberbullying. This is becoming a major concern among people and parents today. I will continue to be a voice against Cyber Crimes and Internet Harassment.

Colleges, Potential Employers, Future Clients and Networking Sites

We keep hearing about more and more people searching online for background information on potential new employees, college applicants, or if someone is considering using your business for a service or trade.

Parents need to take the time now with their kids to show them what they create on their MySpace profiles, Facebook, Friendster and other Social Networking sites could potentially effect their future.

We, as parents, need to make them aware of what they put on there today - could effect them tomorrow. Of course, kids don’t quite understand that the future comes faster than they can imagine. After-all, in most cases college is years away! (In reality they are only 2-8 years away - which isn’t that far off, but feels like an eternity to a child).

Take the time to offer examples and show how what they may deem as funny today, could potentially cause embarrassment later. Remember, what is posted on the net today - has the potential of staying there forever!

Teaching your kids to make smart online decisions is now part of parenting our kids today. One service I always recommend parents consider, that is very cost effective, is Reputation Defender MyChild. This service helps monitor your child’s activity that is relevant to their name and privacy.

Another article I found to help parents and offer tips is Colleges and Networking Sites by Connect with Kids. Take a moment to check out the Tips for Parents.

States Seek to Control CyberBullying

Many states are finally stepping up to protect people, especially children, from Online Bullies!

As a victim and survivor of Internet Harassment - I believe it that there are limits and this will not infringe on the free speech issue. It is about protecting children and keeping the Internet Safe.

Here are some recent News Articles:

AHN - States Seek to Control Online Bullying

USA Today - States Push for Cyberbully Controls

Manage Your Online Reputation

As both a victim and now a survivor of Online Attacks, Internet Defamation, Cyberstalkers from extremely disturbed people (in my opinion) I have fought back and won! In an unprecedented jury verdict for damages, I was awarded $11.3M for what one woman did to me online. The jury took time to read the hundreds of posts of clear defamation and slander in an attempt to destroy me, my organization and hurt my family.

In many interviews I have been asked ”why” do people find the need to hurt others? I simply don’t have that answer. We can speculate, but I believe deep down people are not happy with themselves and feel the need to project their misery on to others.

John Dozier of Dozier Internet Law wrote an excellent article the outlines potential persona’s of these type of people. “The Ten Top Blogger Personas: The Mobosphere Unvieled.” Then Jacqui Cheng wrote about the “Nutjobs” that feel the need to hurt others online. It is obvious this is a growing problem.

Read more about Online Reputation and Personal Responsibility.

Take the time to protect your online reputation - if you need to reach out for help, Reputation Defender is one of the services today that has helped protect many people and takes extra steps to protect our children with MyChild.

Sue Scheff: A Voice Against Internet Defamation and Promoting Internet Safety

Cyberbullying has become a past-time for some people, that in my opinion, have too much time on their hands. Wouldn't it be nice if they could find some constructive work that may actually help people?

Since I have been put in the media attention with my court victories including winning an unprecedented $11.3M jury verdict for damages, I am now working with one of my Florida State Senator's and we have our first meeting with our Congresswoman this month.

It is time to make Cyberspace a safe place not only for children, but for people that are being ruined by people with too much time on their hands - and people that believe that free speech is a free for all on the Internet. Remember, free speech does not condone defamation and libelous statements.

As I begin the garnishment of the defendant that has $11.3M judgment on her - it should be a reminder to all those that want to hurt others with a stroke of a key.

The "obsession" with me may not stop, but I will use it to help others and use it to promote Internet Safety. Taking all the negative and turning it into a positive result..... Fighting back against Internet Abuse and helping protect others from the type of harassment.

Sue Scheff: Net Users Wake Up To Price of Indiscretion

New Zealanders are employing "reputation protection" companies to eliminate inappropriate content about them on internet sites such as Facebook, fearing it could damage their employment or dating prospects.


Dubbed "digital housekeeping", the online clean-up is one of the issues trend-spotters say will emerge in 2008 as the public wakes up to the potential dangers of social sites, blogs and online reviews.

American company Reputation Defender is spearheading the trend and has five Kiwi customers on its books. Director Michael Fertik says four of them are paying the company US$9.95 a month to undertake detailed internet searches hunting for inappropriate, hurtful or inaccurate information and negotiating its removal if required.

Fertik says customers mainly use the service to ensure they impress employers who routinely check social networking sites such as Facebook, Bebo and MySpace before going ahead with job interviews. But many clients are also concerned about potential dates digging up dirt that could damage a blossoming relationship.

In New Zealand, recruitment agencies are running online background searches.

"It's becoming incredibly common," says Julie Cressey, organisational development manager for Madison Recruitment. Facebook is one of the common sites her agency checks, using it to see who potential employees network with.

Cressey says expressing your personality online is fine but the red flag comes out for those posting "inappropriate photos" or making "outlandish commentary".

New Zealand-based public speaker and author of Reputation Branding Hannah Samuel says people need to be educated about the long-term effects of internet content especially young people and their parents, who are often blissfully unaware of the real consequences of the virtual world.

Internet users can at least control what sites they join and what they post about themselves.

Samuel's checklist includes asking how parents, employers or a potential life partner would feel about the material and: "would I cringe in embarrassment or be ashamed if it appeared again?"

But once material is online, removing it becomes difficult.

"Nothing is secret and whatever you put out there can stay out there forever," says Eaden McKee, director of web development company Webforce.

Fertik says Reputation Defender staff have a "broad suite of solutions available", from asking for content to be removed to legal action.

And internet users are taking the initiative themselves, in some cases voluntarily shutting down their online profiles. In what has been dubbed "Facebook suicides", some Facebook users leave notes or give their friends one final "poke" before leaving their profiles behind. The Facebook Mass Suicide Club website says: "Fed up with Facebook? Don't like having your info shared with the world? ... Have you ever thought about just deleting your account and freeing yourself? If Facebook is controlling and consuming your life then this is a group for you."

McKee says individuals or businesses can use Google Alerts to notify them when any relevant material is posted.

But experts agree the best protection is not posting inappropriate pictures or comments in the first place.

Sue Scheff: Reputation Defender and MyEdge - A Priceless Service

In today's crazy world of Cyberspace - it can be a free-for-all to literally destroy longstanding reputable people and organizations with a stroke of a keypad. With this, priceless services like Reputation Defender have become in demand.

As a client of Reputation Defender, I can personally attest to their remarkable services as well as their compassion to help people that are being harmed via the Internet.I was a victim of Internet Defamation and now a survivor of it - not only because I won an unprecedented $11.3 Million jury verdict for damages, but because I fought back!

I am not a spokesperson for Reputation Defender, but I am certainly a very satisfied client and completely amazed at their dedication to keep the Internet a safe place for everyone. For those that believe that it is about hiding the ugly, think again - Reputation Defender is selective and does their due diligent. I am proud to be their client. When I went public about retaining this service, it was a difficult decision - but in the end, I realized my voice has helped so many others as well as received the attention of Congress to hopefully make some leglislative changes to promote Internet Safety.

As a Parent Advocate, I am impressed with their latest service - MyChild which can help protect your kids identity and more. With today's tragedies online - as parents we need to take any and all pre-cautions to keep our children safe.

Read more about Reputation Defender. Click Here.

Rising above Internet Defamation! Fighting Back!

THE FIGHT AGAINST INTERNET DEFAMATION STRENGTHENS! As attorney's and judges are reviewing these cases, the recognition for action is loud and clear. Fight back - it is your right!

Recently I have personally meet with both a prominent Senator and a Judge. Both were completely astonished at the reckless regard for the truth that lingers on the Internet and agree, it is time to fight back!